Glenmark Pharmaceuticals Ltd Throu. Representative A.M. Bene v. State Of Maharashtra Throu. The Govt Pleader And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3495 OF 2025 Glenmark Pharmaceuticals Ltd Throu.

Representative A.m. Bene

...Petitioner

Versus

State Of Maharashtra Throu. The Govt Pleader And Ors

...Respondents

__________ Mr. Vivek Kantawala a/w Mr. Ajit Makhijani a/w Mr. Saumil Kothari a/w Mr. Manav Kantawala i/b M.M. Legal Associates, for the Petitioner. Ms. P.J. Gavhane, AGP for the Respondents.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

17 MARCH 2025 P.C.:

1.

The petitioner is mainly aggrieved by the action of the respondent in issuing show cause notice dated 24 February 2025 to the petitioner, inter alia, for alleged violation of provision of Rule 4 of the Maharashtra Factory Rule, 1963. This is followed by another show cause notice dated 25 February 2025 issued to the Directors of the petitioner by respondent no. 2, inter alia for alleged violation under Rule 4 of the provisions of Maharashtra Factory Rule 1963 as noted above. 2.

Heard Mr. Vivek Kantawala, learned counsel for the petitioner and Ms. Gavhane, AGP for the State.

3.

It appears that the petitioner has approached this Court at the nascent stage of issuance of the show cause notice. After arguing the

matter for sometime, Mr. Kantawala on instructions would submit that the petitioner would file an appropriate reply to such show cause notice and may be heard by the respondent no. 2 on such show cause notices, after which an order be passed by the said respondent. Ms. Gavhane, learned AGP would fairly not oppose such submission.

4.

In this view of the matter, the following order would serve the interest of justice.

ORDER

(i) The petitioner shall file its replies to the show cause notices dated 24 February 2025 and 25 February 2025 respectively with respondent no. 2 within a period of one week from the date of this order is made available to the parties. (ii) The respondent no. 2 shall hear the petitioner and pass reasoned orders in accordance with law as expeditiously as possible not later than within a period of two weeks thereafter which shall be communicated to the petitioner. (iii) All rights and contentions of parties are expressly kept open.

(iv) The respondent shall not take any coercive steps until the above exercise is undertaken and in the event there is an order adverse to the petitioner, the same would not be acted

upon for a period of two weeks from the date of its communication.

(v) We clarify that we have not examined the merits of the rival contentions as observed by us in the above paragraphs. The parties are at liberty to place all their rival contentions in the proposed proceedings as may be necessary.

(vi) The writ petition is disposed of in the above terms. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]